Hiring an Attorney

In January after a long court battle, a Florida jury acquitted a former teacher accused of murdering her ex-husband. Cara Ryan had been charged with the murder of Sgt. John “JJ” Rush, a former police officer in St. Petersburg. Even after the acquittal, Ryan’s days in court are not over. Now she is facing a wrongful death lawsuit from Meghan Rush, the victim’s daughter.

Christian Waugh, the attorney representing Rush, said the lawsuit is a way for the 23-year-old to find some type of closure in the case of her father’s death. “Our point and our job with this lawsuit is to get what justice we can,” he explained. Ryan’s attorney during the criminal trial, Roger Futerman, responded with, “Just because you file a lawsuit, doesn’t mean it’s going to prevail.”

This tragic case has divided the Clearwater community since it began in 2015. Cara Ryan, age 47, was originally charged with second-degree murder, after officials accused her of fatally shooting her ex-husband in her apartment in Indian Beach. Throughout the trial, Ryan’s attorneys argued that she shot Rush in self-defense. The jury only deliberated for two hours before finding Rush not guilty. The verdict was read on January 27.

Just weeks later on March 6, Rush’s daughter filed a wrongful death lawsuit in the Pinellas-Pasco Circuit Court. The lawsuit claims Ryan is responsible for the death of Rush and would ban her from any life insurance benefits she might receive from her ex-husband under terms of a Florida law sometimes called the “Slayer Statute”.

Rush and Ryan got married in 1997 and divorced nine years later. However, they continued to see each other romantically and remained friends. Rush’s daughter, Meghan, was born through a previous marriage. She said her father had retired as a sergeant in the police’s forensic unit and he had just started a new job as an investigator for the medical examiner’s office at the time of his death. Meghan claimed in the lawsuit that Ryan “exerted great control and influence of Rush’s actions.”

In early 2015, Rush reportedly broke ties with Ryan for good and moved out of the apartment they shared. He occasionally checked on her after that and helped with repairs at the apartment. According to the lawsuit, Rush came to the apartment on March 7 after receiving a text from Ryan. But while he was there, Ryan was getting texts from another man so he left. Phone records show that Ryan then called Rush six separate times and he eventually returned to the apartment, where she shot him in the back. Rush stumbled out of the apartment, trying to find a neighbor to help. Ryan called 911 and told dispatchers that Rush had raped her.

The lawsuit would block Ryan from receiving any life insurance benefits from Rush and it would also redirect any money from his pension funds, totally around $1,500 per month, to his rightful heir, daughter Meghan Rush.

“While no one knows the whole story of what transpired on the day of John Rush’s death, this wrongful death lawsuit may at least bring peace to his daughter that some justice was served,” said Tampa wrongful death attorney Christopher Ligori.

Choosing the right attorney is an important step, whatever legal issue you are dealing with. You can always get great referrals from coworkers and friends, but the final decision stays on you. A good attorney will protect you, and he will guard your interest in any situation. So, when you finally decide for one, here is what you need to ask him before you hire him.

Have handled this type of cases in the past?

This is probably the most important question to ask. You surely don’t want to works with someone, who doesn’t have an experience. After all, he is the one who will represent you in the court making sure you are safe. An attorney who has necessary skills and knowledge will save you a lot of money and effort. Don’t take just simple “yes” when you ask the attorney, require from him to give you more details, what happened with those cases and how did the trial go.

Do you have an experience in the courtroom?

Hiring an attorney with the appropriate legal background is paramount, but it is also important to find out where your attorney got that experience. Your goals should be an attorney who has expertise in the courtroom. If he already possesses that, it means he will have the ability to evaluate the outcomes and give you the advice you can rely on.

Have you ever been accused or sanctioned for misconduct?

As a potential client, you have full right to know if your attorney has ever been charged with violated the rules of professional responsibility. In some states, you have the possibility to check this information on the web page of a state’s legal licensing authority. But still, you can ask your attorney; maybe he can explain you the circumnutate that lead to such violation.

Do you have any conflict of interests?

Every attorney is obligated by the law to inform you about this. But, it won’t hurt you to ask the question. For example, if you want to use a hospital for medical malpractice and your attorney is their regular visitor, in that case, there will be a conflict of interest.

What do you think about the outcome of the case?

Attorneys aren’t able to predict the future, and they will never guarantee you the results. However, if they have enough experience, they will be able to give you a preliminary assessment. This will help you a lot and provide you more confidence when dealing with challenging trials.

What are the costs and fees?

You need to know upfront about the expenses and fees he will charge for representation. Depending on an attorney you chose, some will charge you a fixed rate, and in other cases, you will have to pay an hourly rate. In most situations, you attorney will receive one – third after a successful trial of settlement. Make sure what those services include and are you willing to pay that much. Ask him to give a precise quote.